Brief filed: 11/03/2016
United States v. Gilton
9th Circuit Court of Appeals; Case No. 16-10109
On appeal from the U.S. District Court for the Northern District of California, No. 13-CR-00764-WHO-1 (E.D. Mich.)
Gilton's cell site location information (CSLI) obtained by the government reveals invasive and detailed information about his location and movements over time. CSLI reveals private, invasive, and increasingly precise information about individuals' locations and movements. Gilton's location information obtained by law enforcement reveals voluminous and private information about his location and movements. Obtaining 37 days' worth of cell phone location data is a "search" under the Fourth Amendment requiring a warrant based upon probable cause. Cell phone providers' ability to access customers' location data does not eliminate cell phone users' reasonable expectation of privacy in that data.
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Nathan Freed Wessler, American Civil Liberties Union Foundation, New York, NY; Linda Lye, American Civil Liberties Union Foundation of Northern California, San Francisco, CA; David M. Porter, NACDL, Sacramento, CA.